Neutral Citation No. ( 2025:JHHC:21196 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 46 of 2025 Sunil Oraon ( Juvenile), aged about 17 years, Son of Sri Mukesh Oraon, Resident of Village- Kuhipat, P.O.-Gunia & P.S. –Ghagra, Dist-Gumla through his natural guardian cum- Father namely Mukesh Oraon Son of Birsai Oraon, Resident of Village- Kuhipat Barwatoli, P.O. – Gunia & P.s. –Ghagra, Dist- Gumla … Appellant Versus The State of Jharkhand …… Respondent ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. Aman Kumar, Advocate For the State : Mrs. Amrita Kumari. A.P.P. ….. Order No. 06/ Dated: 18.06.2025 This Criminal Appeal has been filed on behalf of the petitioner under section 101 (5) of the Juvenile Justice (Care and Protection of Children Act, 2015) by challenging the judgment dated 18.10.2024 passed by Prem Shankar, the learned Vacation Judge Gumla in Misc. Criminal Application No. 494 of 2024 by which bail of the appellant has been rejected in connection with Children Court Case No. 13 of 2024 and POCSO Case No. 26 of 2023 arising out of Gumla P.S. Case No. 61 of 2023 for the offences under sections 366A, 376- DA of the I.P.C and for the offence under section 6 of POCSO Act , now the case is pending before then learned Additional Sessions Judge –I-Gumla. 2. The prosecution case, in brief, is that on 27.02.2023 the prosecutrix had gone to attend marriage party in the village which was organized in the house of Bhaiyaram Oraon. After dance party and other function etc. of around 3.00 A.M., The victim girl had moved for home with small children of village namely Sati Oraon, Pradeep Oraon and Veer Bhudhu Oraon. While the victim was on Neutral Citation No. ( 2025:JHHC:21196 ) 2 the way to home , the victim noticed that four (04) persons were chasing her and they over powered the victim suddenly and one of them closed the mouth of the victim girl due to which the victim could not cry and was not even in position to speak. The children who were going with the victim, were assaulted by them and directed to leave the place. Thereafter, they shifted her towards Kohipat Barwa Toli forest at a lonely place. Out of four miscreants two of them forcibly committed rape upon the victim in turn and rest two persons were watchful and waiting for their turn. After committing rape with the victim they fled away. However the victim came to her home and informed about the incident to her parents. On next morning the victim came to know that one of the accused had left the motor cycle in the village who came to Patra Toli for taking it who was caught by the villagers and directed him to call his rest companions, when they came then all three persons were interrogated in presence of her parents and who introduced themselves as Sunil Oraon (i.e. juvenile appellant) and Suresh Oraon and who had committed rape with her and two of them namely Deepu Oroan and Raju Oraon were watching near the P.O. She claimed that all of them forcibly shifted her from Basuwa Patra Toli about 3.00 AM towards Barwa Toli and committed rape with her. 3. Heard, learned counsel for the appellant and learned counsel for the State. 4. It is submitted by the learned counsel for the appellant that impugned order passed by the learned Court below is illegal , arbitrary and not sustainable in eye of law. It is submitted that the appellant is juvenile and has no criminal antecedent. It is submitted that the appellant has been falsely implicated in this case by the Neutral Citation No. ( 2025:JHHC:21196 ) 3 police merely on suspicion. It is submitted that there are clear contradictions in the version of the victim statement under section 164 Cr.P.C. and FIR as the victim has not stated anything about the name or identity of the appellant. It is submitted that the there is a delay in lodging the FIR. . It is submitted that there is nothing adverse against the appellant in Social Investigation report dated 15.10.2024. It is submitted that two accused persons namely Raju Oraon and Deepu Oraon have been enlarged on bail in B.A. No 7678 of 2023 dated 06.09.2023 passed by the Co- ordinate Bench (Hon’ble Mr. Justice Deepak Roshan) of this Court and Cr. Revision No. 925 of 2023 dated 06.12.2023 passed by the Co- ordinate Bench (Justice Subhash Chand as then his Lordship) of this Court respectively. It is submitted that appellant is in custody since 01.03.2023 and hence, the juvenile appellant may be enlarged on bail. 5. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and has submitted that this a case of commission of gang rape upon the victim girl aged around 14 years. It is submitted that the victim girl is a minor girl. It is submitted that appellant had also committed upon the victim girl alongwith one Co-accused Suresh Oraon and two of them namely Deepu Oraon and Raju Oraon were watching near the place of Occurrence and hence prayer for bail of this juvenile petitioner may be rejected. 6. Perused the F.I.R., Lower Court Records of this case, Social Investigation Report of this juvenile petitioner and statement of the victim recorded under section 164 Cr.P.C. and considered the submission of both the sides. Neutral Citation No. ( 2025:JHHC:21196 ) 4 7. It would appear that while the victim girl alongwith the children was returning after attending the marriage party to their house on 28.02.2023 at around 3:00 am, then four persons had stated chasing the victim girl and caught hold of the hand of the victim girl and the children who were going with the victim girl were assaulted by them and directed to leave the place. Thereafter, two boys took the victim girl towards Kohipat Barwa Toli Forest at a lonely place and two boys were guarding. It is alleged that two (02) boys committed rape upon the victim and this appellant was present there. 8. It appears that this is case of gang rape. 9. It appears that there is direct allegation against the appellant for committing rape upon the victim girl in the FIR. 10. It appears that the juvenile appellant has earlier preferred Criminal Revision No. 1444 of 2023 before this Court which was dismissed on 02.05.2024 by the Co-ordinate Bench ( Justice Subhash Chand as then his Lordship was ) . 11. It appears that the victim girl during her statement recorded under section 164 of the Cr.P.C. had taken the name of the appellant Sunil Oraon and other Co-accused Suresh Oraon for committing gang rape upon her one by one. 12. It appears that the witnesses namely Basiya Oraon, Hirmain Oraon, Sati Oraon, Pradeep Oraon, Bir Budhu Oraon, Sukhnath Oraon , Bhaiyaram Oraon and Jimmi Oraon, whose statement have been recorded at para 3, 4, 45, 46, 47, 48 , 49 and 54 of the case diary, have also supported the case of the prosecutrix. 13. It appears at para 46 of the case diary and the learned Trial Court has found the evidence of small fresh two nail abrasion Neutral Citation No. ( 2025:JHHC:21196 ) 5 on right side of cheek, left side of cheek of the Informant in para 146 of the case diary. 14. It appears that charges have been framed against the appellant on 7.08.2024. 15. Consideration of the fact, the victim girl is minor and aged about 14 years, in view of the fact, this Court not inclined to extend the benefit of provision of section 12 of the Juvenile Justice Act and this Court respectfully differ to order passed by the Co- ordinate Bench (Hon’ble Mr. Justice Deepak Roshan and Justice Subhash Chand as then his Lordship was respectively) of this Court in B.A. No. 7678 of 2023 dated 06.09.2023 and Cr. Revision No. 925 of 2023 dated 06.12.2023 respectively. 16. It would appear that the appellant has also participated in the commission of offence and hence his prayer for bail is hereby, rejected at this stage. 17. Thus, this Criminal Appeal (S.J.) No. 46 of 2025 is hereby dismissed. (Sanjay Prasad, J.) Bibha/